Private legal practitioner Martin Kpebu has offered a nuanced perspective on former Finance Minister Ken Ofori-Atta’s family’s claim that he is facing “persecution” rather than legitimate prosecution by the Office of the Special Prosecutor (OSP).
The OSP has placed Mr Ofori-Atta on its wanted list and issued an INTERPOL Red Notice to facilitate his arrest and appearance in court to face charges of using his office for personal gain while serving in the erstwhile Akufo-Addo administration.
Speaking on Joy FM’s Super Morning Show (SMS) on June 10, Mr Kpebu acknowledged that while the family is entitled to its opinion, the strength of their claim is weakened by the OSP’s apparent unwillingness to respond to an alleged offer of cooperation from the former minister, who is currently outside Ghana.
He was reacting to a letter purportedly issued by the Ofori-Atta family, accusing the OSP of “persecution” and appealing to INTERPOL to remove Mr Ofori-Atta from its Red Notice list.
The family’s narrative has gained attention following the OSP’s recent reissuance of the Red Notice amid reports that Mr Ofori-Atta is out of the country for medical reasons.
Mr Kpebu cautioned against outright dismissal of the family’s sentiment, even if the legal merit is questionable.
“You can’t take that argument from them—no. That’s their interpretation,” Mr Kpebu stated, explaining that the family’s viewpoint stems from the OSP’s handling of the case.
He elaborated, “Once the OSP didn’t take that offer [for cooperation], we can’t take that argument from them that they see this as persecution.”
This, he suggested, opens the door for the family’s counter-narrative due to the OSP’s procedural stance, which required the former minister’s physical presence despite an alleged willingness to cooperate from abroad.
Mr Kpebu argued that the OSP could have explored alternative avenues.
He pointed to Mutual Legal Assistance (MLA), a formal process between sovereign states used to facilitate criminal investigations and prosecutions, including obtaining evidence, witness testimonies, or even transferring suspects across jurisdictions.
“I believe if we use the right processes, we can still go through and hold him accountable,” Kpebu asserted, adding that using the MLA framework would not only preserve the integrity of the investigation but also undercut claims of persecution.
While affirming that the family “can make that argument”, Mr Kpebu emphasized that “it doesn’t mean the family is right.” He noted that their statement “doesn’t appear to be unreasonable” under the circumstances, though that does not confirm its legal accuracy.
The legal expert’s comments introduce another dimension to the public discourse around Ken Ofori-Atta’s case, spotlighting both the accused and the procedural decisions made by the prosecuting authority.